Fort Walton Beach Council agenda — 11-13-2007 regular agenda — reading text

documents specified in the preceding sentence, including without limitation any representations concerning: 1) estimated completion dates, hours, or fees to provide any Service; 2) the experiences or recommendations of other parties; or 3) results or savings Customer may achieve. Each party accepts the terms of this Statement of Work by signing this Statement of Work by hand or, where recognized by law, electronically. As used in this Statement of Work, " you" and " your" refer to the Enterprise identified below. Agreed to: Agreed to: City of Fort Walton Beach International Business Machines Corporation By By Authorized signature Authorized signature Name ( type or print): Name ( type or print): Date: Date: Enterprise Number: Reference Agreement number: Enterprise address: Reference Attachment number: 107 Miracle Strip Pkwy SW Statement of Work number: A89VBM Fort Walton Beach, FL 32549 IBM Address: Enterprise telephone number: IBM CORPORATION c Enterprise billing Address: City of Fort Walton Beach 7100 HIGHLAND PARKWAY SMYRNA, GA 30082 107 Miracle Strip Pkwy SW Fort Walton Beach, FL 32549 Z125- 7228- 05 2/ 2007 ( MK076)) contract A89VBM ( prepared 09/ 27/ 07 14: 46 WLBLAN) Page 1 of 1  Master Services Attachment for ServiceElite r 1. Scope of Services IBM will provide you Services as described in this Attachment and, if applicable, its Statements of Work and Change Authorizations to support your hardware and software products ( called " Eligible Machines," " Eligible Programs," and together " Eligible Products"). Services are available for Eligible Products normally used for business, professional, or trade purposes, rather than personal, family, or household purposes. IBM will identify the Eligible Products, the Services that apply to them, and the Services transaction contract period in Schedules that reference this Attachment and any associated Statements of Work and Change Authorizations. Each Schedule will also identify the Specified Locations at which the Services will be provided. A Specified Location may be your entire information processing environment, or a portion thereof, which may be resident at multiple sites or a single building. The specific terms regarding Eligible Machine Services and Eligible Program Services contained in this Attachment and its Statements of Work and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program support Service as specified in a Schedule. 2. Sales through IBM and IBM Business Partners You may acquire Services through IBM or an IBM Business Partner, or their designee, authorized to resell IBM Services. IBM Business Partners establish the price and general business terms at which they market the IBM Services to you and they will communicate these directly to you for all transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities associated with these Services. Therefore, IBM will provide the Services as described in this Attachment and its associated Statements of Work and Change Authorizations ( and their Schedules). Whenever IBM is required to provide notification to you or you are required to provide notification to IBM, each of us also agrees to notify the applicable IBM Business Partner if one is engaged in the transaction. In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services, for c' any reason, IBM will so notify you in writing. You may continue to receive the Services by instructing IBM ( in writing) to transfer administration of the Services to either 1) another IBM Business Partner of your choice ( who may require you to first execute one of their agreements) that is approved to offer you IBM Services, or 2) IBM under a standard direct marketing relationship that enables IBM to generate charges and invoicing. IBM is not responsible for 1) any actions of IBM Business Partners or their designees, 2) any additional obligations they have to you, or 3) any products or services that they supply to you under their agreements. This 1) Attachment, 2) its applicable Transaction Documents ( e. g., Statements of Work, Schedules, and Change Authorizations), and 3) the IBM Customer Agreement ( or an equivalent agreement in effect between us) identified below comprise the complete agreement regarding the Services described in this Attachment and its applicable Transaction Documents and replace any prior oral or written communications between Customer and IBM. In entering into this Attachment, neither party is relying on any representation that is not specified in the Attachment or the documents specified in the preceding sentence, including without limitation any representations concerning: 1) estimated completion dates, hours, or fees to provide any Service; 2) the experiences or recommendations of other parties; or 3) results or savings Customer may achieve. Each party accepts the terms of this Attachment by signing this Attachment by hand or, where recognized by law, electronically. As used in this Attachment, " you" and " your" refer to the transaction contracting entity that is part of the Enterprise identified below. Agreed to: Agreed to: City of Fort Walton Beach International Business Machines Corporation By By Authorized signature Authorized signature Name ( type or print): Name ( type or print): Date: Date: Enterprise number: Attachment number: Enterprise address: Agreement number: 107 Miracle Strip Pkwy SW IBM address: c Fort Walton Beach, FL 32549 IBM CORPORATION 7100 HIGHLAND PARKWAY SMYRNA, GA 30082 Z125- 7227 -05 2/ 2007 ( MK076) contract A89VBM ( prepared 09/ 27/ 07 14:46 WLBLAN) Page 1 of 5  3. IBM Responsibilities When you contract for an applicable Service, IBM agrees to deliver the Service in accordance with the terms and responsibilities identified in the Service description set out in this Attachment or an associated Statement of Work or Change Authorization. For basic maintenance of IBM Machines, the Service description is set out in our Agreement ( referenced in the signature block above). c 4. Your Responsibilities When you contract for an applicable Service, you agree: 1. to provide IBM with an inventory in which you identify all Eligible Products to be covered at each Specified Location and to notify IBM whenever you wish to move, add, or delete Eligible Products at an existing Specified Location or set up new Specified Locations; 2. to return to IBM all defective CRUs ( from covered Eligible Machines) within 15 days of your receipt of the replacement CRU. A "CRU" is a Machine part which is designated as a Customer Replaceable Unit ( e. g. keyboards, memory, or hard disk drives). IBM provides CRUs to you for replacement by you; 3. that when the Service includes IBM providing you with access to electronic diagnostic tools, information databases, or other Service delivery facilities, you will limit the use of these to only those who are authorized to use them under your control and only in support of Eligible Products and Services identified in Schedules; 4. to provide IBM with information it requests which is related to its provision of the Services to you and to notify IBM of any changes; 5. that you authorize International Business Machines Corporation and its subsidiaries ( and their successors and assigns, contractors and IBM Business Partners) to store and use your business contact information wherever they do business,